NCA Guidelines
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Guidelines for the assessment of legal credentials
[edit] Mandate
The National Committee on Accreditation ("NCA") is a standing Committee of the Federation of Law Societies of Canada and is made up of representatives from the Council of Canadian Law Deans, members of the practising bar, and members involved with the administration of provincial law societies.
The NCA evaluates the legal training and professional experience of persons with foreign or non-common law legal credentials (including Québec) who wish to be admitted to a common law bar in Canada. Upon completion of its review, the NCA issues a recommendation describing the scope and extent of any further legal education that in its opinion the applicant needs to complete to equal the standard of those who have earned a Canadian LL.B. degree. Most law societies and law schools in Canada use the NCA's recommendations in setting their requirements for call to the bar (See Section G below.)
The Certificate of Qualification does not duplicate the LL.B. degree. Applications who wish to obtain an LL.B. degree should apply to a law school (see: Section J, Part 3). The NCA evaluates all applicants, whether Canadians with foreign legal education, foreign nationals with foreign legal education and Quebec civil law degrees, on their academic and professional profile.
The National Committee on Accreditation does not evaluate credentials for lawyers who want to apply to and become members of the Barreau du Québec or the Chambre des notaires du Québec, which have their own evaluation procedures.
The NCA evaluates all applicants, whether Canadians with foreign legal education and foreign nationals with foreign legal education on their academic and professional profile.
The NCA applies a uniform standard on a national basis so that applicants with foreign law qualifications can apply to the Committee regardless of the common law province in which they wish to practise in Canada. Thus, applicants do not need to satisfy disparate entrance standards to practise law in Canada.
The members of the Committee are:
Dean Brent Cotter, Q.C. Dean Bruce Elman Don Thompson, Q.C. Gordon Turriff, Q.C. Daphne J. MacKenzie Abdul Ali Chahbar Professor Vern Krishna, CM, Q.C., FRSC, Executive Director Michael W. Milani, Q.C.
[edit] Method of Evaluation
[edit] Method
The nature of the Committee's mandate is captured in the words used in the Certificate of Qualification. The Certificate states as follows:
"Having passed the prescribed course of studies required by the National Committee, it is hereby certified that the National Committee on Accreditation considers (name of applicant) to have education and training equivalent to a graduate of an approved Canadian law school."
Thus, the Committee certifies that an applicant has:
an understanding and knowledge of Canadian law, and knowledge equivalent to that of a graduate of a Canadian common law LL.B. program.
"Equivalence to an approved Canadian LL.B. degree" serves as the Committee's benchmark when it evaluates applicants with foreign legal education or training. The Certificate of Qualification does not, however, duplicate the LL.B. degree, which varies between law schools. NCA applicants may be asked to challenge examinations in subjects that all law schools may not require for the LL.B. degree.
The NCA bases its recommendation on the applicant's legal background, both academic and professional. It takes into account the source country of legal education (common law, non-common law, "hybrid"), subject matter studied, academic marks and standing, nature of the degree granting institution, professional qualifications and length and nature of professional legal experience.
The NCA reviews each applicant's file individually. Upon completion of its review, the NCA issues a recommendation that the applicant:
pass examinations in specified areas of Canadian law; take further education at a Canadian law school with a specified program of studies; or complete a Canadian LL.B. program.
The NCA issues a Certificate of Qualification upon successful completion of the requirements set out in Options 1 and 2 above. Applicants receive a law degree upon completion of Option 3.
Applicants may be asked to attend a Canadian law school for further studies. Applicants with superior qualifications, call to the Bar by way of bar admission examinations and experience in common law may be permitted to write challenge examinations in specified legal subjects.
Applicants are advised that the Committee is not bound by any law school or law society deadline dates.
[edit] Prescribed Subjects/Courses
The NCA expects applicants to proceed to a bar admission program. Substantive law is not generally taught in Canadian bar admission programs. Rather, the emphasis in most Bar courses is on practical skills and procedure. Thus, applicants are expected to have sufficient knowledge of Canadian substantive law and procedure before they enter the program.
NCA applicants are expected to demonstrate competence in at least the following basic practice areas:
Administrative Law Business Law (Corporate and Commercial) Civil Litigation Constitutional Law Contracts Criminal Law Criminal Procedure Estate Planning and Administration Evidence Family Law Professional Responsibility Property Real Estate Taxation Torts Trusts, Equity, Remedies.
[edit] Nature of Recommendations
The NCA may require applicants to complete successfully a stipulated number of "credit hours" of law studies at a Canadian common law school or write examinations in specific subjects. The number of hours stipulated depends upon the applicant's individual background of legal education and professional experience.
Typically, the credit hour system translates into the following approximate periods of time to be spent in a Canadian law school:
30 credit hours = 1 academic year (2 semesters); 45 credit hours = 1.5 academic years (3 semesters); 60 credit hours = 2 academic years (4 semesters).
If a law school does not use the credit hour system, it can translate credit hours by substituting one full academic year for every 30 credit hours. The applicant is required to obtain an unconditional pass for every credit hour of his or her program of studies and also satisfy any overall grade point average (GPA) requirements at the law school.
[edit] Reviews (For previously assessed applications)
Applicants should ensure that they file all relevant documents with their application. An applicant may appeal his/her initial decision to the Review Panel for re-evaluation of academic and professional credentials. The appeal application should set out the basis of the application, submit any additional facts and evidence and the grounds for the review together with a newly completed application form. The Review Panel evaluates the file based on the applicant’s written evidence and issues a recommendation as it considers appropriate in the circumstances. The Review Panel can increase or decrease the requirements of the initial recommendation. The fee for a review is $325 (GST included), provided that the initial recommendation has not expired. All fees are payable to the Federation of Law Societies of Canada (personal cheques are not acceptable).
The NCA Review Panel generally meets twice a year, in December and June. These meetings are not for new applications for evaluation of legal credentials. The appeal deadline dates are:
[edit] REVIEW DEADLINES (FOR PREVIOUSLY ASSESSED APPLICATIONS)
October 30 April 30 All materials should be in the Committee's office prior to, or no later than the above dates.
[edit] Evaluation Guidelines
The Committee is authorized to issue a Certificate of Qualification to any candidate who has attained education and training equivalent to graduates from a Canadian LL.B. program.
The Committee directs applicants with foreign legal credentials into the appropriate level of legal education in Canada so that they may proceed to admission into a Canadian common law bar on the same basis as domestic law graduates.
Each application is evaluated on an individual basis taking into account the particular circumstances of that individual's educational and professional background.
Factors to be taken into account include: age of degree, academic standing in all years of the LL.B. program, the content of courses, subject matter studied, relevant graduate legal education, law teaching experience and the quality of undergraduate education or training. First, Second, Third and Pass Class standings are grade classifications/rankings. However, some institutions use alphabetic or numeric grading systems.
[edit] Common Law Systems
In considering applications from candidates with common law backgrounds, the NCA takes into account the following criteria:
Nature of the academic institution attended and, where available, its accreditation by national law associations (e.g., ABA or AALS approval); Length of academic law program; Subject matter studied (e.g., law or mixed law/social sciences/humanities; if law, the contents, depth and relevance to Canadian law and circumstances); Undergraduate pre-law education; Academic performance, grades, and class standing obtained (e.g., top 25 percent of class, bottom 25 percent of class, first class, second class, acceptance in home jurisdiction of standing achieved, etc.); Language of instruction in academic law program; Admission to law society or bar by written examination in home jurisdiction; Professional legal experience, if any, including length of such experience (e.g., 1-3 years, 3-5 years, over 5 years) and nature and quality of professional practice. The Committee looks at an applicant's entire academic standing, professional legal training and experience in the jurisdiction of bar call to determine the credit to be given.
The NCA generally recommends that graduates who hold LL.B degrees from countries that have a “pure” - that is, not hybrid – common law system have the option to write challenge examinations for a Certificate of Qualification in the following circumstances:
1. The applicant has an undergraduate degree and a law degree from an approved law school recognized by the governing bodies of the national law societies or bar equivalent in the country of origin. 2. The approved law degree is a three (3) year degree of approximately 90 credit hours and is comparable to a law degree from a Canadian common l aw school. 3. The applicant obtains the LL.B degree with at least Second Class (Division) standing in all three years of his or her academic program.
The number of challenge examinations depends upon the subjects studied in the law program, the quality of the institution and the applicant’s academic performance in the program. These are our general guidelines. The NCA evaluates each file individually.
(a) Common Law Systems: including, Australia, Bangladesh, England, Hong Kong, India, Ireland, New Zealand, Nigeria, Pakistan, Singapore, U.S.A., Wales, West Indies, etc.
In respect of candidates from common law countries who:
1. Have education equivalent to 2 years of post secondary education at a Canadian university; and 2. have graduated from an accredited law school with a full-time three (3) year law degree with English as the medium of instruction;
The NCA requires that the candidate have competency in (demonstrated by appropriate documentation), or to successfully complete a law school course in, or pass an NCA examination in, the following subjects (the “Core Competencies”): 1. Contracts; 2. Torts; 3. Property; 4. Foundations of Canadian Law; 5. Canadian Criminal Law and Procedure; 6. Evidence; 7. Principles of Canadian Administrative Law; 8. Canadian Constitutional Law (with Aboriginal component); 9. Corporate Law; and 10. Professional Responsibility.
Professional qualifications and experience will be factors taken into account when determining competency and post secondary education experience. In addition, the nature of the academic institution attended, academic performance, grades and class standing obtained will be factors taken into consideration when determining competency in the above subjects.
In respect of candidates who have graduated from a distance learning program at an accredited law school: As the Canadian standard for law school is three year, in class, graduates of distance learning programs will normally be required to successfully complete six NCA examinations and eight one semester courses at a Canadian law school. Each candidate’s specific recommendation will depend on his/her individual qualifications.
Applicants should be aware that the examples below are only illustrative and they may not be applicable to your application, which is evaluated on its own merits. They should also be aware that the Committee looks at actual grades in individual subjects in addition to overall class of degree.
[edit] Hybrid Jurisdictions
Applicants from jurisdictions that have mixed legal systems with a common law component are considered on criteria similar to those applied to applicants with a common law background. In addition, however, the Committee takes into account the extent of the common law component in the applicant's particular program.
(a) Scotland, South Africa, Israel, Philippines, etc. Applicants from hybrid jurisdictions such as Scotland, South Africa, Israel, Philippines, etc. are usually asked to study 45-60 credit hours in a Canadian common law faculty if they have obtained at least Second Division standing in a 3 year honours law program following upon an undergraduate degree. In appropriate circumstances, the applicant may be asked to write 10 or 11 prescribed examinations. The Committee takes into account admission by examination into the Law Society or call to the Bar and post qualification practical experience in the jurisdiction where the applicant has qualified. The Committee also considers relevant graduate legal education, law teaching experience and the curriculum or subjects studied as part of the law degree program.
Example: An applicant with an Upper Division Second Class degree (or better) from a 3 year honours law program (following upon an undergraduate degree) will usually be asked to complete 45 additional credit hours in a Canadian common law faculty; with a Lower Division Second Class degree, 60 credit hours (or equivalent prescribed examinations).
Applicants with Third Class (or lower) standing do not, in the absence of substantial experience, obtain any advanced standing.
Applicants who have graduated from a 2 year law degree are usually asked to do more than those who have graduated from 3 year law degrees.
Example: An applicant with an Upper Division Second Class degree from a 3 years honours law program with several years of legal practice will usually be asked to pass 5 to 8 examinations.
Example: An applicant with a Lower Division Second Class degree with professional legal experience will usually be asked to complete successfully 30 to 45 credit hours or pass equivalent three hour challenge examinations in specified legal subjects.
The Committee also gives credit for qualifications where the applicant has been admitted directly as a Solicitor or Barrister without a law degree. For example, a directly admitted solicitor with several years of experience would usually be asked to complete 30 additional credit hours or pass eight three hour challenge examinations in specified legal subjects.
[edit] Other Legal Systems
Applicants from legal systems that don't have a substantial common law component are considered on a case-by-case basis. Professional legal experience subsequent to the applicant's formal legal education may be considered in these cases. Applicants who have no common law exposure (academic or professional) are, in the absence of relevant professional legal experience, unlikely to be recommended for any advanced standing in an approved Canadian law school.
[edit] Québec
The NCA evaluates applicants who have Quebec law degrees (LL.B or LL.L) including graduates of the Diplôme d’études supérieures spécialisées en Common Law nord-américaine (DESS) program of the University of Montreal or the Diplôme de deuxième cycle de common law et droit transnational (DDCCLDT) program of the University of Sherbrooke. Applicants are evaluated according to their particular educational background and relevant professional experience. Applicants who graduate from a law school in the Province of Québec are evaluated by the Committee according to their particular educational background and relevant professional experience.
Québec graduates receive full credit for successfully completed courses in federal law.
Applicants who have not been admitted to the Bar of Québec are asked to complete the entire spectrum of common law courses through attendance for one year (approximately 32 credit hours) at a common law faculty in Canada.
Applicants who graduate with a "pure" civilian degree and are admitted to the Barreau du Québec are usually asked to write examinations in some or all of the following subjects:
Contracts Civil Procedure Trusts/Equity Torts Real Property Commercial Law Family Law
Applicants who have substantial (10 years) professional experience in common law areas of practice are considered on a case-by-case basis and evaluated upon the basis of their education, areas of practice and legal experience. Applicants are expected to file an Affidavit of Experience and submit samples of their work (with appropriate deletions) to the NCA.
Graduates from civil law programs that also have some common law component typically receive credit for the common law portion of their studies. For example, a graduate with a civil law degree who has successfully completed common law Contracts, Torts or Real Property would receive credit for those subjects and be asked to complete a reduced common law program.
[edit] Professional Legal Experience
As noted above, the Committee takes into account an applicant's professional legal experience in a foreign jurisdiction. In evaluating professional foreign legal experience, the Committee looks at:
the length of experience (for example, less than 1 year, between 1-3 years, between 3-5 years and over 5 years); the nature, extent and diversity of the applicant's practice; and relevance of the practice to Canadian legal practices and institutions.
Applicants are urged to furnish comprehensive supporting documentation from their licensing body indicating the number of years of standing as a licensed practitioner, testimonials of support from fellow professionals, etc.
[edit] Course Requirements and Challenge Exams
Depending upon the applicant's particular legal background, the Committee will require that he or she complete certain courses from the list prescribed under BB(2) "Prescribed Subjects/Courses", be successfully completed as part of the program of studies required for a Certificate of Qualification. Typically, the Committee requires the following courses for applicants who are asked to complete 30 credit hours or less of additional studies:
Constitutional Law (Charter of Rights) Evidence Taxation Basic Corporate Law (Business Associations) Administrative Law Professional Responsibility
Applicants who are asked to complete 45-60 credit hours may, in addition to the above, be required to take some or all of the following:
Family Law Real Estate Law Criminal Procedure Civil Procedure Commercial Law/Secured Transactions/Debtor Creditor Law Trusts Remedies Tort Property
The NCA also allows qualified candidates to write its challenge examinations to qualify for the Certificate of Qualification. An applicant is usually "qualified" if he or she was admitted by bar examinations after an LL.B. degree and practiced law in a common law or hybrid common law system. The examinations may be written in two ways: (a) as part of a Canadian law school's LL.B. program or (b) through the Committee's special examination procedure. Please note that only applicants who have been formally evaluated and have received their letters of recommendation outlining their prescribed courses of study may purchase the Committee’s exam syllabi.
(a) Applicants may seek permission to register as a special student in a Canadian LL.B. program and write the required examinations as part of their program of studies. Upon successful completion of the examinations, the applicant should send the Committee an official transcript under seal from the University. Applicants must attain an unconditional pass in each subject. Admission as a special student and the examinations are governed by the law school's rules. Some faculties may require the applicant to write the Law School Admission Test (LSAT).
Please note that some law schools do not permit NCA applicants to write supplemental examinations. Applicants should inquire as to the law school's examination regulations prior to registration.
(b) Alternatively, applicants may write the Committee's examinations. Each examination is an open-book (open statutes) examination. The length of each examination is three hours. All of the Committee’s exams are marked on a pass/fail basis (50%) and the Committee does not provide a transcript of marks. Candidates for NCA examinations should note that the Committee does not have any process for review of failed papers by second or third examiners. Applicants who desire access to independent and third party evaluation of their failed papers should apply as a “special student” at a Canadian common law school and abide by the school’s regulations.
The fee in respect of each examination is $525 CDN (GST included - GST Reg. Number 124261140). Fees are subject to change without notice. The Committee's syllabi and reading list, etc. will be sent to applicants only upon receipt of the examination fees. Course books and materials are not provided by the Committee. Examination fees are payable to: The Federation of Law Societies of Canada.
Please be advised that in the event that you choose to write the National Committee's examinations, it may take approximately 10-12 weeks to obtain your results.
The style and type of examination is the same under either of the above options. Applicants may consult the law library of any Canadian common law school to look at past law school examination papers for the subjects that they will be examined upon.
[edit] THE NATIONAL COMMITTEE’S CHALLENGE EXAMS
Applicants who wish to write the Committee’s exams, should submit their request by letter directly to the Committee (there are no forms to complete). The letter should include your assigned file number, your full address, exam location and subjects required. All fees should be payable to the Federation of Law Societies of Canada and the Committee’s name should appear on all envelopes or mailing labels. The Committee does not accept personal cheques or credit card payments. Acceptable payments are bank drafts, money orders, or certified cheques drawn on Canadian accounts only.
All exams are 3 hour and are open-book. You may bring into the examination room only course textbooks, cases, statutes, acts (photocopies are acceptable) and the course syllabus. No past or sample exams may be brought into the exam room.
Materials may be underlined, highlighted and tabbed. Small margin notes (2-3 words) in books are also acceptable. If materials have been downloaded from Internet sites, the site location should automatically appear on all pages. Cell phones or electronic devices are not permissible - calculators are not required
PERSONAL NOTES (HANDWRITTEN OR REGULAR TYPED PAGES) are NOT allowed. If any unauthorized materials are brought in the exam room, you will be expelled from the room and the exam marked as a failure.
The Committee's examination sittings are scheduled for an eight day period (SUBJECT TO CHANGE) in January and August of each year. Applicants may write examinations in Calgary, Toronto and Vancouver at each session. In suitable circumstances, applicants may be able to arrange to write examinations in other locations at their expense ( further information can be obtained from the Committee's office). Applicants must give at least two full months notice of their intention to write the exams and the preferred location for writing. Failure to do so, could result in exam accommodation forwarded to the next sitting due to insufficient space. This two month rule does not apply to applicants who wish to re-write failed exams from the prior exam session. AN INTENT TO WRITE EXAMS AT ANY SESSION WILL BE RECORDED ONLY IF AN APPLICANT HAS BEEN EVALUATED AND HAS PAID HIS OR HER EXAM FEES.
Applicants may split examinations between sessions. All of the exams are offered at each sessionaccording to the following table (morning and afternoon sessions).
Individual exam schedules are mailed to the applicants approximately one month prior to the commencement of the session. Examination dates are only determined approximately six weeks prior to an actual session and these dates are not communicated to applicants by phone or e-mail. These schedules are not posted on the website. Each exam schedule will advise applicants of a deadline date to cancel their exams. Unless a medical certificate is provided, cancellation fees will apply if exams are not cancelled by the indicated dates.
In the event that applicants choose to write the Committee's examinations, they will receive a syllabus for each subject to be examined. Syllabi may be purchased at any time. The Committee will not fax or e-mail these materials to any applicant. Applicants are responsible for their own preparation and there is no private tutoring or consultation available through the Committee. This method is entirely a self-help method and applicants are responsible for their own course materials and program of studies. Applicants who wish classroom or course assistance should apply for admission as a “special student” at a Canadian common law school.
Under either of options (a) or (b), the Committee allows applicants to retake an examination in a failed subject upon payment of a fee equal to the amount payable for the original examination. The new examination will not always be based upon identical course materials and applicants may have to prepare for the exam on the basis of a new course outline. The privilege of retaking examinations is extended only once. In the event of a further failure, applicants are required to attend at a Canadian law school to take the failed course.
[edit] REVIEW OF FAILED EXAMS
The exam reviews generally take place within two weeks of issuance of failed reports. Reviews are only held at the Committee’s exam centres in Calgary, Toronto and Vancouver. A notice with respect to time, date and location will be sent with the exam results. There will be no alternative review dates if you cannot attend on the specified date in the notice.
There are no professors at these review sessions. They are set up to give you the opportunity to review your exam together with the professor’s reasons for failure. You are advised that all professors reread failed exams twice before assigning a failing grade.
A copy of the NCA’s letter and the professor’s reasons for failure are the only materials allowed into the exam room. Personal items (nap sacks, bags, tools for writing, etc.) may be taken to the review room but you will be instructed to deposit these belonging outside the room prior to entry. No notes may be taken in the exam room. You may leave the room to take notes and then return back to the review room.
If there are any concerns after reviewing your exam, you are required to provide the NCA office with written reasons by e-mail or post. The comments and exam booklets will be sent to the marking professor for an additional review and further comments. This process can take approximately 2-4 weeks.
[edit] RULES, PROCEDURES AND EXAMINATION TABLE
The Committee requests applicants to only purchase exam syllabi for subjects that they anticipate writing within the next exam session. The Committee updates syllabi as the course casebook changes (which could occur on a yearly basis) and the applicant will automatically be mailed the new syllabi. Applicants must now write current year exams as expected from students enrolled in Canadian common law programs.
Applicants should not contact the offices seeking information if the offices have received their requests for syllabi unless three full weeks have passed. Applicants should not e-mail the office to advise that they have mailed payments for syllabi. These e-mails are generally discarded as no intents can be recorded without the fee and cause a strain on our mail servers. The Committee does not substitute syllabi purchases. Applicants must request refunds and will be subject to a $50 administrative fee. Refunds can take approximately 6-8 weeks to be received.
As all of the Committee's exams are offered at all of the sessions, the exams will now only be offered as indicated on the following exam timetable (TWO EXAMS PER DAY). The entire table is subject to change without notice to accommodate the smaller room availability at some of our exam centers. However, it is very unlikely that the major mandatory subjects in List #1 will change. The list gives applicants an opportunity to chose the day of their exams and, possibly, leave a few days in between each writing.
TWO EXAMS PER DAY
LIST #1 - MORNING LIST #2 - AFTERNOON
DAY 1
ADMINISTRATIVE LAW PROFESSIONAL RESPONSIBILITY
DAY 2
CIVIL PROCEDURE REMEDIES
DAY 3
CONSTITUTIONAL TORTS
DAY 4
CORPORATE LAW CRIMINAL LAW AND PROCEDURE
DAY 5
EVIDENCE COMMERCIAL LAW
DAY 6
FAMILY CONTRACTS
DAY 7
TAXATION PROPERTY
DAY 8
TRUSTS
Applicants will be advised of a deadline date in their exam schedules to cancel any of their exams. Exams cancelled AFTER the deadline date are subject to a $50 cancellation fee per exam. Cancellation fees will be waived upon receipt of a medical certificate forwarded directly to the Committee's offices.
Deadline dates for purchasing syllabi and recording intents (intents can only be recorded if syllabi have been purchased) for upcoming sessions are as follows. Applicants who do not comply with the deadline dates will not be accommodated at the session they wish to write and their intents will be posted to the next exam session. The following are not postmark dates:
November 1st for the January session.
June 1st for the August session
Because of time constraints, these dates do not apply to applicants who fail exams at one session and wish to write at the next. They will be provided with additional dates in their letters. This applies only to any failed exam(s) and not other exams they wish to write.
The National Committee is not an educational institution and may not be able to provide special accommodation or separate rooms to physically challenged applicants. However, the Committee can provide additional time for the applicant to write their exams. The use of laptops and computers in large exam rooms is not permissible. In most cases, the Committee cannot arrange for small separate rooms at all locations. Applicants requesting accommodation must submit up-to-date medical certificates and accommodation requests two months prior to an exam session. Special accommodations will be dealt with on an individual basis and applicants are encouraged to contact the office directly about this. Applicants who request last minute accommodations will not be considered.
The Committee will also endeavor to accommodate applicants because of religious holidays. Once an applicant receives their schedule, and a conflict is apparent, they should contact the office immediately.
[edit] Relationship Between Certificate of Qualification and Admission to the Bar
It is important that applicants fully understand the relationship between a Certificate of Qualification and the process for admission as a barrister and solicitor in a Canadian common law jurisdiction. The rules and regulations for admission as a barrister and solicitor lie exclusively within the jurisdiction of provincial and territorial law societies and applicants should directly consult the society they wish to enter to determine the admission requirements.
The Certificate of Qualification is a preliminary step in the education and training program that is necessary for admission as a barrister or solicitor. The Certificate testifies that the applicant has education and training equivalent to graduates from an approved Canadian law school. Upon obtaining the Certificate of Qualification, the applicant may proceed to a bar admission and articling program on the same basis as a graduate from an approved Canadian law school.
The Committee's Certificate of Qualification does NOT abridge or shorten an applicant's period of articles or other bar admission requirements. Requests for any such abridgement or shortening of articles or program requirements should be submitted directly to the provincial law society in which the applicant seeks admission.
[edit] Status of Certificate of Qualification
The Certificate of Qualification entitles one to enter the Bar Admission Course in Ontario and is officially recognized by the Law Societies of Saskatchewan, British Columbia, Prince Edward Island. and Alberta as equivalent to graduation from an approved Canadian law school. Other law societies and law schools use the NCA's recommendation on a more informal basis.
[edit] Procedure for Application
An applicant is required to provide the NCA with the following documents, information and fees:
An official application form, fully completed and typed (no cross-referencing) and supported by the following documents: ORIGINAL transcripts of pre-law grades, if any, or if a transcript is not available, a certificate of standing; ORIGINAL final transcripts of law grades (or a certificate of standing). The Committee does not evaluate incomplete degrees. Transcripts to be forwarded directly to this office under seal from the legal institution. PHOTOCOPIES OR CERTIFIED COPIES OF TRANSCRIPTS ARE NOT ACCEPTABLE. should you require any original documentation returned, please include with your application a separate photocopied set of the materials. a description of the contents of each course taken in the applicant's legal program, the number of hours allotted to each course, the number of class hours per week and number of weeks per year; this information may be supplied through a prospectus, calendar or bulletin from the law school; if called to the bar, a certificate of call or admission and a letter or certificate of good standing must be submitted directly to our offices from the legal institution. if bar admission was based on written examinations over and above examinations for a law degree, a transcript of marks should be SUBMITTED DIRECTLY TO THE NCA FROM THE LEGAL INSTITUTION; applicants should refrain from indicating that they “will be writing bar exams at a particular time” in Question 11 on the application form. The Committee only evaluates applicants on information submitted and not on the presumption of something that will be completed. This could cause a delay in the evaluation process. LSAT-score (if required) TOEFL or equivalent testing score from any of the following (if required): 1. A minimum score of at least 600 in the pencil and paper version or 250 in the computer version or 100 in the Web based of the Test of English as a Foreign Language (TOEFL) administered by the Educational Testing Service, P.O. Box 6151, Princeton, New Jersey (08541-6151), U.S.A. (www.toefl.org). 2. A score of at least 90 in the Michigan English Language Assessment Battery (MELAB) administered by the English Language Institute, MELAB Office, University of Michigan, Ann Arbor, Michigan (48104), U.S.A. 3. A score of at least 7.0 in the International English Language Testing System (IELTS), University of Cambridge, Local Examination Syndicate, 1 Hells Road, Cambridge CBI 2EU U.K. The application should submit, in chronological order, a detailed account of his or her professional and other work experience since leaving law school. A non-refundable application fee of $525 CDN (includes G.S.T. *) or equivalent U.S. funds, payable by certified cheque (Canadian accounts only), bank draft or money order payable to the: Federation of Law Societies of Canada. Please be advised that personal cheques or credit card payments are not acceptable. Information regarding wire transfers can be obtained by contacting the NCA offices at nca@flsc.ca (additional fees involved). All portions of the application form should be completed. Do not merely cross reference the application to attached documents (mark N/A where an item is not-applicable). Incomplete applications may be returned for completion and will delay processing. The application form should not be bound to any not the materials submitted. Please do not submit documentation in three-ring binders.
Applicants should be aware that the NCA bases its recommendation solely on the basis of the documents submitted in support of the application. The Committee does not conduct oral hearings. Applicants are evaluated solely on their written record. Thus, candidates should ensure that all relevant documents are filed with the application; re-evaluation of an applicant's file at a later date on the basis of supplemental documentation involves an additional fee and causes delay. The NCA reviews these applications (appeals/reconsiderations with non-expired recommendations) twice a year, at its December and June meetings. (See Reviews in Section B above).
- Pursuant to a Revenue Canada ruling (October 1992), non-residents of Canada are required to apy the G.S.T. on the evaluation fee even if their applications are assessed while they are still out of the country. (G.S.T. Reg. No. 124261140).
[edit] Processing Applications
The Committee processes applications in the sequence in which it receives them at the Committee's offices. Applicants should expect to wait at least three months from submission of complete and final transcripts and documentation for the evaluation decision. All applicants will receive confirmation of receipt of their materials by e-mail (or mail if e-mail unavailable) and be assigned a file number. The initial confirmation will advise what has been received on their behalf and, if applicable, what is outstanding. Since the Committee cannot confirm individual receipt of materials, a second confirmation e-mail will only be sent when all outstanding documents have been received and the file is considered complete. However, during the evaluation review process, additional information or documentation may be requested from the applicant.
The Committee retains an applicant's file for a maximum of five years after the initial date of the recommendation. However, applicants should be aware that the initial recommendations are time sensitive and expire within certain recommended periods of time. This information usually appears at the end of the recommendation letter. Applicants applying for re-assessments (expired recommendations) will be required to file a new application form, evaluation fee and resubmit all documentation and must comply with any new rules and policies currently in place. (REFER TO SECTION H ABOVE).
Applicants are advised that the Committee is not an approved education institution as required by the Ministry of Employment and Immigration and, therefore, does NOT provide official income tax receipts for the initial evaluation or examination fees.
[edit] Admission into Law School
[edit] Applicant's Responsibility
The NCA's recommendation does NOT automatically secure an applicant's admission into any Canadian law school. Applicants are responsible for securing their admission into a Canadian law faculty, if necessary, to satisfy the NCA's requirements.
Admission into Canadian law schools is extremely competitive, both for domestic and for foreign applicants. Applicants are encouraged to apply to several law schools across the country.
A NCA applicant must satisfy the admissions procedures and regulations of the law school into which he or she seeks admission. These procedures and regulations differ between schools and applicants should obtain a copy of the current rules and regulations directly from the school. Some faculties may require the applicant to write the Law School Admission Test ("LSAT").
[edit] Full-time/Part-time studies
The NCA requires applicants who are required to complete further studies to finish their academic requirements within a stipulated period. Generally, an applicant who is required to complete 30 credit hours has three (3) years to complete the requirements; applicants who are required to complete 45 credit hours are permitted four (4) years to complete the requirements; and applicants who are required to complete 60 credit hours are permitted a total of five (5) years to complete their requirements.
NCA applicants may seek admission either as regular full-time students or, where the law school's regulations permit, as "special students" on a fee-for-course basis.
Applicants should clearly understand that they are responsible for securing their own admission into a Canadian law school and must satisfy the academic standards of the law school in which they are admitted.
[edit] Admission to Ontario Law Schools
Applicants applying for admission to Ontario law schools must do so through the Ontario Law School Application Service (OLSAS) a division of the Ontario Universities' Application Centre (OUAC). Deadline for admission to first-year studies is November 1 and for upper-year studies (transfer, Letter of Permission, advanced standing and NCA) May 1. You may contact the Centre at:
Ontario Law School Application Service (OLSAS) Ontario Universities' Application Centre 170 Research Lane Guelph, ON N1G 5E2 Telephone (519) 823-1940 Fax (519) 823-5232 olsas@ouac.on.ca
Click here for additional information for applicants who wish to practice in Ontario (External Website)
As of January 2008, the fee for either the evaluation or individual exam fee is now $500 + 5% GST ($25) for a total of $525 per item. This new fee is not retroactive to amounts previously submitted.
Please note that these Guidelines (including deadline dates, exam schedules and fees) are subject to change without notice.
OTTAWA, February 2006
